Aldrich v. Husband
Massachusetts Supreme Judicial Court
Petition for partition of certain land in Taunton. Trial in the Superior Court, without a jury, before Knowlton, J., who reported the case for the determination of this court, in substance as follows: On March 17, 1871, Charles Husband bought the land described in the petition, and on June 20, 1871, sold an undivided half thereof to the petitioner.
Read the full summary
Petition for partition of certain land in Taunton. Trial in the Superior Court, without a jury, before Knowlton, J., who reported the case for the determination of this court, in substance as follows: On March 17, 1871, Charles Husband bought the land described in the petition, and on June 20, 1871, sold an undivided half thereof to the petitioner. In April 1873, he bought and removed to this land a building, and as tenant in common, with a view to his own profit, and in the expectation of making with the petitioner some equitable and proper arrangement for the protection of his rights and…
1Opinion of the CourtGray, C. J.
The house having once been affixed to the freehold, and there being no evidence whatever of any previous or contemporaneous agreement that it should remain personal property, it became part of the realty, and could not afterwards be made a chattel by express parol agreement, and still less by an indefinite understanding. Gibbs v. Estey, 15 Gray, 587. Howard v. Fessenden, 14 Allen, 124. Morris v. French, 106 Mass. *482326. Madigan v. McCarthy, 108 Mass. 376. Westgate v. Wixon, 128 Mass. 304. The respondent has therefore no title in the building as personal property.
Nor has she any special…
2Cases cited4 opinions
- Madigan v. McCarthyMassachusetts Supreme Judicial Court · 1871
- Morris v. FrenchMassachusetts Supreme Judicial Court · 1871
- Westgate v. WixonMassachusetts Supreme Judicial Court · 1880
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
- Lowd v. BrighamMassachusetts Supreme Judicial Court · 1891
- Peters v. StoneMassachusetts Supreme Judicial Court · 1906
- Husband v. AldrichMassachusetts Supreme Judicial Court · 1883
- Barnes v. HosmerMassachusetts Supreme Judicial Court · 1907
2 more not listed; retrieve them via the Exa API.